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Bhavna (marketing service executive)     14 May 2014

Rejoining post maternity

I am working with oil & gas MNC on third party payroll (contract-renewed every year). I gave interview for permanent post in the company but they decided to hire me third party payroll (yearly contract). My roles n responsibilities were decided by company personnel. I joined on 1st nov 2012.During employment I became pregnant. I informed my supervisor about my pregnancy immediately in June 2013 (due in last week of feb 14). At that time my supervisor discuss with HR about maternity benefits n told me that i can avail paid maternity leave of 3 months n if I wish i can also take unpaid leave of max 3 months. I informed them I will take leave of six months. In the month of october 2013, i discussed with my supervisor about contract renewal n salary hike. During this company decided to change the service provider n transferred me to another company\'s payroll without any prior information or involvement effective 1st october 2013. I received appointment letter from new company in which the contract period is mentioned as 1st oct 2013 to 30th sep 2014. After few days i received my salary increment letter effective 1st nov 2013 (15% hike). In my increment letter,just above my package details they have mentioned DOJ as 1st oct 2013 and End date as 31st may 2014. However they have not specified end date type. No where it is written in that letter that it is my revised contract date.
I was asked to work till someone joins to take over my roll. I worked till 31st jan. Had to deliver before due date due to some complications on 1st Feb. I handed over data backup before that. On 2nd April I contacted my supervisor for rejoining. I was told that I can not join back because my job profile requires to stay back till late in office,work cant be completed in normal working hours or by working from home and they have hired a guy in place of me.there is no written notice from company.
my questions are as below:
1- I am considering my contract period as 1st oct- 30th sep. Am I correct?
2- Is there any law to protect my right of rejoining from maternity leave?
3- Can I take any legal action against company for not letting me join after maternity leave and for gender discrimination?
4- I got 3 months paid maternity leave.I have not received any other benefit apart from that. My salary is more than 15k. Am I also entitled to medical bonus?
4- If my company decides to not let me join n give compensation in lieu of that, how much I can claim (can i claim salary of 6 months)?


Learning

 1 Replies

Sanjay Malik (Manager- Legal & Compliance )     14 May 2014

Your pprinciple employer has played smartly, though you have received your maternity benefit provided under the Act 84 days paid leave except maternity bonus.

you can claim maternity bonus of Rs 3500/- from your employer, provided the confinement charge during the delivery has not been incured by employer, in case the facility for confinement/delivery has been done by employer than you  will not be  entitled for maternity bonus.

Secondly, as per section 12 of the MB Act, an employer can not dismisss, discharge or otherwise away with services of the women employee, on account of absence for maternity benefit or to vary to her disadvantage of any of the conditions of her service.

From above facts as mentioned by your employment is also of fixed time employment started from 1st Oct 13 to 31st May 2014. though in between employer terminate services if there is any stipulation clause in your appointment letter like expiry of contract with the third party contractor.

Though ethically its also amount to unfair labour practice and violation of rule of principle of natural justice and MB Act.

Chances of reinstement shall be negligeble depending on evidence to you will produced before court/conciliation officer but certainly we may suceed in getting few compensation.

Discuss with lawyer.


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